Employer’s Classification Challenge Under Review

A non-profit foundation that operates a senior assisted living center is challenging the workers’ comp classification assignment for three part-time clerical staff to class 9007 instead of the standard clerical classification in 8810. Class 9007 covers “all other employees” at senior homes and carries a rate of $3.20 per $100 of payroll compared to just … Read More »

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Employer’s Appeal Lacked Evidence

A California employer who appealed its workers’ comp classification assignments faces a high bar to prove its case. The appeal went to an evidentiary hearing before a California Department of Insurance administrative law judge. At the hearing, the employer’s representative – Guido Dito of D&M Risk Management Services – who is not a lawyer – … Read More »

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Unfiled Side Agreements Found Illegal And Void

The California Department of Insurance ruled an Indiana insurance carrier cannot enforce the terms of the collateral and indemnity agreements that were part of a large deductible workers’ comp program. The carrier did not file the side agreements for approval before they were used. The ruling stems from a dispute between Protective Insurance, formerly Baldwin … Read More »

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Employer Loses Second Per Diem Case, Owes Premium

A temporary staffing firm took a second run at preventing the State Compensation Insurance Fund from collecting premium on the per diem payments it made to the respiratory therapists it places in area hospitals. But the California Department of Insurance says the payments don’t qualify as per diems under California’s Uniform Statistical Reporting Plan. A … Read More »

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Trucking Company’s Drivers Employees, Not Contractors, CDI Holds

In another audit case, State Compensation Insurance Fund was right to demand premium for 29 drivers that a trucking company claimed were independent contractors, according to the California Department of Insurance. The drivers in question did not own the trucks they drove and incurred no expenses to maintain, fuel, and insure the vehicles. The case, … Read More »

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“Solar Brokers” Not Employees For Workers’ Comp Purposes – Mostly

In a decision that holds lessons for all insurance brokers and their clients, the California Department of Insurance says State Compensation Insurance Fund misinterpreted state law and charged, when it shouldn’t have, premium on the commissions paid to the “solar brokers.” The brokers helped the insured sell its products and services. CDI ordered the carrier … Read More »

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Classification Fight Over School’s Outsourced Cleaning Operations

A company providing outsourced housekeeping and stewarding services to a culinary college challenged the classification assignment by its carrier, The Hartford, and the Workers’ Compensation Insurance Rating Bureau. LCS Services which has an X-Mod of 179, according to Compline (see chart), was seeking assignment to class 9101 covering private colleges and universities. The advisory pure … Read More »

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